This article was written by Priyanshi, pursuing the Diploma in Advanced Contract Drafting, Negotiation, and Dispute Resolution course from LawSikho, and edited by Koushik Chittella.
This article has been published by Shashwat Kaushik.
Table of Contents
Introduction
In the new era of justice, recent and modern technologies grasp the space and provide ample options to make the case easy and better to interpret in various forms. As in ancient times, the evidence would be collected through witnesses or by manual work. But with the introduction of modern technology, there has been a drastic change in the field of law as well as other sectors of the economy. Forensic search is one of the inventions of the technology itself. From the beginning of this article till its end, the whole content revolves around the dynamism in the procedure of collecting evidence, how DNA transforms its journey as a study of forensic science, and how it proves to be useful for criminal investigations.
DNA
DNA, in particular, stands for “deoxyribonucleic acid.” It refers to a small, molecule-like structure containing all the information related to its genetic background. DNA is usually described as a double chain of nucleotides twisted around to create a two helix structure. It is commonly found in a cell called the nucleus of eukaryotic organisms as well as in the cytoplasm of prokaryotic organisms. It is a type of lab test being examined on every living being that covers the traits of alive individuals like hair textures, eye colour, finger impressions, and many more traits that determine the characteristics of oneself. DNA tests provide data regarding growth and development of individuals, suspicion of any virus, reproductive information, etc.
History of DNA
DNA was first identified in the late 1860s by Swiss chemist Friedrich Miescher. Later, it was recognised as the universal genetic material opened new possibilities in the field of research and development. It was first applied for the purpose of forensics in the year 1985 in an immigration dispute in the UK. The introduction of DNA technology revolutionized the field of criminal justice, and It has been technologically evolved from the discovery of DNA fingerprinting till recent times.
Genesis of DNA as an epitome of evidence
DNA plays a crucial role in the legal terminology, as in the olden days there was no such method introduced to determine the actual offenders, but with the commencement of such technology, innocent people get justice and hardened criminals get caught easily. DNA is a form of blueprint that provides information related to genetic analysis. Forensic evidence, or DNA, helps in finding accurate culprits with the help of props they have left behind. It is simply a form of biological hints of a living being.
As the DNA of two individuals cannot be the same, identical twins are just an exception to this. DNA can be collected in various forms, such as tissues, blood, semen, hair, and any form of liquid extracted from the body without having any intention to use it. The evidence left behind will be tested and examined in a way that makes it accurate in criminal investigations.
Relevance of DNA evidence
DNA is a molecule that contains known information about living creatures. DNA plays an important role in the field of proving any point and assures it as accurate and reliable evidence in the case of criminal findings. It is a part of modern technology that provides valuable insights in defining the exact and actual picture of an offence and also plays a significant part in proving it right in any criminal investigations and providing the citizens with fair justice.
With the help of DNA, sexual offences can be easily examined by taking semen samples and matching them with samples of the victim. This can lead to reliable outcomes and also aid in the delivery of fair justice. It also helps in the identification of paternity as well as maternity by taking their blood or hair samples. With the introduction of forensic science as well as DNA, it would become easier to identify the accurate evidence that matches the innocence of the case and also deliver justice to the victim in a better way by punishing the offender with relevant proof of the case.
Limitations of DNA evidence
As every concept has its pros and cons, the same applies to DNA as well. Though DNA proves to be very crucial in proving the commission of an offence, on the same side, it has its limits as well, which have been explained below, such as:
- In most cases, forensic search is required, but not in every case. In some cases, the samples may become contaminated and not be present in an accurate manner, which provides fake results and cannot be relied upon, as the samples left behind unintentionally have not been sure whether they would be correct or not.
- Another limitation of the DNA evidence is that the offence committed by the offender does not justify his intention just by performing a DNA test of the samples that he mistakenly left behind without knowing that these may go against him. Mensrea, an essential element of a crime, is missing and needs to be proved with the help of DNA evidence.
- There are ample suspects that arise from DNA samples that do not provide reliable results. No conclusion can be drawn from DNA samples; a complete investigation is absolutely necessary.
Pitfalls on the implication of DNA evidence
There are basically two articles of the Indian Constitution related to the challenges faced due to DNA evidence. The two articles are as follows:
- Article 21 of the Indian Constitution states the right to privacy.
- The other one is Article 20(3) of the Indian Constitution, which states the right against self-incrimination: No person or an accused who has committed any offence has not been compelled or posted to become his own witness.
These two articles of the Indian Constitution state pitfalls while implicating DNA or forensic search as evidence to prove the commission of a crime. The articles are the fundamental rights provided to the Indian citizen that create controversy by acknowledging the citizen’s right regardless of their innocence or criminal nature. As per Article 21 of the Constitution of India, the right to privacy is given to every citizen of India and is applicable to offenders as well. It states that no person can be forced to provide the samples provided for DNA examination. Along with this, Article 20(3) also specifies that “no person accused of any offence shall be compelled to be a witness against himself.” These two articles coincide with the technique of forensic examination and cannot be precluded as evidence taken against legal ethics. Therefore, the samples that have been collected must meet the legal requirements and ethics to prove their evidentiary value.
Consequences of DNA evidence
There are certain factors that contribute to the outcome of DNA evidence, such as:
- DNA evidence provides accurate information and also contributes trustworthy results that prove to be useful in any sector of criminal investigation. Though there are certain traditional forensic methods that can be used for criminal investigations, they are not as accurate as modern technology. DNA evidence also overcomes disputes that arise between the individuals.
- In the modern scenario, there are various advancements in technology that also improve testing methodology and have expanded the efficiency of forensic search. The various innovations in the field of forensic investigations open up new techniques for delivering justice, which also ensures a perfect solution for eliminating crimes.
Relevant case laws
The renowned case laws have acted as a milestone in proving the relevance of DNA evidence in the field of criminal investigations.
- Gautam Kundu vs. State of West Bengal (1993): The case amplifies the perfect understanding of the extent of Section 112 of the Indian Evidence Act, 1872, and Article 20(3) of the Indian Constitution also connects with this case, as under this no individual can be compelled or forced to provide their body samples to carry on the DNA process as it is against the fundamental principle.
- Rajli Rajjo vs. Kapoor Singh and Ors. (2013): This case was decided by the Punjab and Haryana High Court, in which a criminal investigation was going on, and evidence had been collected from the crime scene. The DNA samples were helpful as a blueprint to prove the innocence of the accused.
- Javed Rehman Shaikh vs. State of Maharashtra (2021): This case is a perfect example to clarify the relevance of DNA testing methodology. In this case, samples of nail clippings as well as blood samples were collected to match the samples, and the offender was caught with the help of the same.
Conclusion
The consequence drawn from the above article is that DNA evidence or proofs generated out of modern techniques provide useful insights in serving fair justice to citizens and also contribute towards criminal examinations. Evidence acts as a blueprint in every investigation to prove the right person guilty of committing an offence and provide justice to the victim of the case as well. DNA evidence revolves around the criminal investigations to come to the exact point. With the innovation of new technology, wrongdoers get caught easily, and the technology also provides accurate results so that fair outcomes are generated.
References
- https://www.ncbi.nlm.nih.gov/books/NBK232607/
- https://ejfs.springeropen.com/articles/10.1186/s41935-022-00309-y
- https://www.researchgate.net/publication/377560476_The_Role_and_Importance_of_DNA_Evidence_in_the_Indian_Criminal_Justice_System#:~:text=DNA%20findings%20have%20often%20helped,the%20crime%20and%20the%20perpetrators
- https://www.nature.com/scitable/topicpage/discovery-of-dna-structure-and-function-watson-397/.
